State v. Leannais

Citations

• 2019 Ohio 2568

Syllabus

Sufficiency manifest weight of the evidence reckless homicide recklessness negligence ineffective assistance of counsel jury instruction on accident state's witness closing argument. Reckless homicide conviction affirmed where evidence showed the defendant recklessly played with a gun while consuming alcohol. Trial counsel was not ineffective for failing to request a jury instruction on accident where jury instruction allowed jury to acquit if it found the defendant did not act recklessly. Trial counsel was not ineffective for failing to question state's witness about an agreement not to prosecute where such questioning would have allowed the state to introduce prior consistent statements that would have bolstered the witness's testimony and there was plenty of other material with which to impeach the witness. Trial counsel was not ineffective for failing to object to state's representations of the law of recklessness and negligence where the representations were accurate and the court properly instructed the jury on those issues.